Case Detail

CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR et al

District

District of Columbia

City

Washington, DC

Case Number

1:2017cv00974

Date Filed

2017-05-23

Date Closed

Open

Judge

Judge Timothy J. Kelly

Plaintiff

CENTER FOR BIOLOGICAL DIVERSITY

Case Description

The Center for Biological Diversity submitted FOIA requests to the Department of the Interior, the EPA, the Department of Energy, and the Department of State for records concerning policies ordering the agencies to remove or keep information about climate change on their websites. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Center for Biological Diversity filed suit.Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

SUMMONS (6) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 05/23/2017)

2017-05-23

4

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 5/23/2017. (lckbj1) (Entered: 05/23/2017)

2017-06-29

5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/6/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2017. (Atwood, Amy) (Entered: 06/29/2017)

2017-06-29

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/2/2017. (Atwood, Amy) (Entered: 06/29/2017)

2017-06-29

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 6/1/2017; U.S. DEPARTMENT OF STATE served on 6/19/2017; U.S. DEPARTMENT OF THE INTERIOR served on 6/2/2017; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 6/1/2017 (Atwood, Amy) (Entered: 06/29/2017)

2017-06-29

8

NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 06/29/2017)

2017-06-29

9

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 06/29/2017)

2017-07-03

MINUTE ORDER granting, for good cause shown, 9 Unopposed Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint on or before 7/27/2017. Signed by Judge Ketanji Brown Jackson on 07/03/2017. (lckbj1) (Entered: 07/03/2017)

2017-07-27

10

ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY.(Kolsky, Joshua) (Entered: 07/27/2017)

2017-07-28

MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 8/11/2017. Signed by Judge Ketanji Brown Jackson on 07/28/2017. (lckbj1) (Entered: 07/28/2017)

MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that Plaintiff shall file any amended complaint on or before 8/17/2017, and shall promptly serve any such amended complaint. Signed by Judge Ketanji Brown Jackson on 08/14/2017. (lckbj1) (Entered: 08/14/2017)

AMENDED COMPLAINT First Amended Complaint against U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Redline Comparison to Complaint)(Townsend, Margaret) Modified to add defendant on 8/17/2017 (znmw). (Entered: 08/16/2017)

2017-08-17

14

REQUEST FOR SUMMONS TO ISSUE for the U.S. Department of Commerce, U.S. National Oceanic and Atmospheric Administration, U.S. Attorney, and U.S. Attorney General re 13 Amended Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 13 Amended Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Townsend, Margaret) (Entered: 08/17/2017)

2017-08-18

15

SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 08/18/2017)

2017-08-29

16

Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint, by U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/29/2017)

2017-08-30

MINUTE ORDER granting 16 Motion for Extension of Time to Answer. It is hereby ORDERED that the obligation of Departments of State, Energy, and the Interior and the EPA to answer or otherwise respond to the complaint is STAYED until further order of this Court, and pending service of process on NOAA and the Department of Commerce. It is FURTHER ORDERED that Plaintiff shall promptly file returns of service once it effects service on NOAA and the Department of Commerce. Signed by Judge Ketanji Brown Jackson on 08/30/2017. (lckbj1) (Entered: 08/30/2017)

2017-09-07

17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2017. (Atwood, Amy) (Entered: 09/07/2017)

2017-09-07

18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/29/2017. (Atwood, Amy) (Entered: 09/07/2017)

2017-09-07

19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 8/28/2017; U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 9/1/2017 (Atwood, Amy) (Entered: 09/07/2017)

2017-09-08

MINUTE ORDER. It is hereby ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint on or before 9/28/2017. Signed by Judge Ketanji Brown Jackson on 09/08/2017. (lckbj1) (Entered: 09/08/2017)

ANSWER to 13 Amended Complaint, by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Related document: 13 Amended Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Kolsky, Joshua) (Entered: 09/28/2017)

2017-10-12

MINUTE ORDER: Before the Court in this FOIA case are an amended complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. It is hereby ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 10/26/17. Signed by Judge Timothy J. Kelly on 10/12/2017. (lctjk1) (Entered: 10/12/2017)

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/26/2017)

2017-10-30

MINUTE ORDER: In light of the 21 Joint Status Report filed by the parties on October 26, 2017, it is hereby ORDERED that Defendant U.S. Department of the Interior shall make an initial production of non-exempt, responsive records on October 31, 2017, and make additional productions every thirty days until the production is complete. Defendant U.S. Department of State shall make an initial production of non-exempt, responsive records on November 15, 2017, and make additional productions every thirty days until the production is complete. The parties shall file a joint status report, including, if necessary, a proposed briefing schedule, by November 27, 2017. Signed by Judge Timothy J. Kelly on 10/30/2017. (lctjk1) (Entered: 10/30/2017)

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 11/27/2017)

2017-11-28

MINUTE ORDER: In light of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 27, 2017. Signed by Judge Timothy J. Kelly on 11/28/2017. (lctjk1) (Entered: 11/28/2017)

2017-12-27

23

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 12/27/2017)

2018-01-11

MINUTE ORDER: In light of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a Joint Status Report on February 26, 2018, and every sixty days thereafter until further order of the Court. Signed by Judge Timothy J. Kelly on 1/11/2018. (lctjk1) (Entered: 01/11/2018)

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 04/26/2018)

2018-06-26

26

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 06/26/2018)

2018-08-27

27

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 08/27/2018)

2018-10-26

28

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Kolsky, Joshua) (Entered: 10/26/2018)

2018-12-21

29

NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/21/2018)

2018-12-26

30

Unopposed MOTION to Stay in Light of Lapse of Appropriations by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 12/26/2018)

2018-12-28

MINUTE ORDER granting Defendant's 30 Unopposed Motion to Stay. This case shall be stayed until further order of the Court. It is further ORDERED that the parties shall file a joint status report within three days after funding is restored for the Department of Justice. Signed by Judge Timothy J. Kelly on 12/28/2018. (lctjk1) (Entered: 12/28/2018)

MINUTE ORDER: In light of the parties' 31 Joint Status Report, it is hereby ORDERED that the parties shall file their next joint status report on or before April 1, 2019. It is further ORDERED that the parties shall continue to file joint status reports every sixty (60) days thereafter pursuant to the Court's January 11, 2018 minute order. It is further ORDERED that the stay in this case is LIFTED. Signed by Judge Timothy J. Kelly on 2/1/2019. (lctjk1) (Entered: 02/01/2019)

2019-03-29

32

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Cirino, Paul) (Entered: 03/29/2019)

2019-05-31

33

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Cirino, Paul) (Entered: 05/31/2019)

2019-07-30

34

Joint STATUS REPORT by U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Cirino, Paul) (Entered: 07/30/2019)